Deck 13: Alternative Dispute Resolution

Question 1

What is the name of the uniform law authorizing the enforceability of arbitration agreements and describing procedures to be used?

A) Uniform Arbitration Act
B) Federal Arbitration Act
C) Federal Alternative Dispute Resolution Act
D) Federal Mediation Act

Answer 1

A

Question 2

Unless the parties agree otherwise, court related or court ordered alternative dispute resolution is:

A) binding.
B) nonbinding.
C) brought before a jury.
D) All of the above

Answer 2

B

Question 3

Which of the following is generally not a type of court-related ADR?

A) Early neutral evaluation
B) Binding arbitration
C) Nonbinding arbitration
D) Summary trial
E) None of the above; they are all common types of court-related ADR

Answer 3

B

Question 4

What is one requirement for all arbitrators and mediators?

A) Experience as a former judge
B) Admission to practice law
C) Neutrality
D) Graduation from an ABA approved law school

Question 5

Which of the following is an important consideration with alternative dispute resolution in criminal cases?

A) The type of crime
B) Constitutional rights for defendants
C) The right of society to see that criminals pay their debt for any criminal acts
D) All of the above

Question 6

Which of the following is an activity of the American Arbitration Association?

A) Provide arbitration services
B) Provide mediation services
C) Employ experienced lawyers and retired judges to act as neutrals
D) All of the above

Question 7

What is the name of an individual hired by the parties to decide disputed pretrial matters in civil actions?

A) Arbitrator
B) Special master
C) Mediator
D) Private judge

Question 8

The ADR proceeding involving an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute is known as:

A) arbitration.
B) mediation.
C) negotiation.
D) mini-trial.
E) early neutral evaluation.

Question 9

What is a type of informal, nonbinding trial in which disputing parties, usually businesses, present their side of the dispute to a jury of executives from the businesses?

A) Summary trial
B) Arbitration
C) Mini-trial
D) Mediation

Question 10

Which of the following is not a benefit of alternative dispute resolution?

A) Cost savings
B) Speedier resolution
C) Present the case before a neutral jury
D) Maintain a level of privacy and confidentiality

Question 11

What is the name of the federal law found in sections in title 9 of the United States Code that recognizes the enforceability of arbitration agreements in cases dealing with maritime and interstate commerce?

A) Uniform Arbitration Act
B) Federal Arbitration Act
C) Federal Alternative Dispute Resolution Act
D) Federal Mediation Act

Question 12

Which of the following frequently offer arbitration services?

A) Private judges
B) The court
C) The American Arbitration Association
D) None of the above
E) All of the above

Question 13

Who is an individual who presides over an arbitration hearing and renders a decision?

A) Judge
B) Mediator
C) Arbitrator
D) Special master

Question 14

What is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute?

A) Summary trial
B) Arbitration
C) Mini-trial
D) Early neutral evaluation

Question 15

A procedure often used by businesses in which disputing parties present their dispute before a special jury in non-binding trial is known as:

A) mini-trial.
B) summary trial.
C) binding arbitration.
D) nonbinding arbitration.
E) early neutral evaluation.

Question 16

If a party challenges the validity or enforceability of an arbitration agreement, the other party seeking arbitration might file which action?

A) Stay
B) Injunction
C) Complaint
D) Appeal

Question 17

What is the name of an individual hired by the parties to preside over a trial who is often a retired judge?

A) Arbitrator
B) Special master
C) Mediator
D) Private judge

Question 18

What is an informal, nonbinding trial in which disputing parties present their case to a judge or jury in a way that circumvents the numerous rules of evidence?

A) Summary trial
B) Arbitration
C) Mini-trial
D) Mediation

Question 19

The type of ADR most popular with family law and labor matters is:

A) arbitration.
B) mediation.
C) mini-trial.
D) summary trial.
E) trial.

Question 20

What is the process in which the parties discuss and negotiate the issues in dispute with the assistance of a neutral person?

A) Mediation
B) Arbitration
C) Mini-trial
D) Summary trial

Question 21

Arbitrators and mediators must be attorneys.

Question 22

The form of arbitration in which the parties are not obligated to accept the arbitrator's decision is ________ arbitration.

Question 23

A discovery referee to decide disputed pretrial matters in a civil action is paid by the court and not the parties.

Question 24

Alternative dispute resolution can provide the parties with a degree of privacy not available once a lawsuit if filed.

Question 25

In _________, the neutral mediator assists the parties in coming to an agreement.

Question 26

Mediation is a process in which the parties discuss and negotiate the issues in dispute with the assistance of a neutral person.

Question 27

A ________ is a type of informal, nonbinding trial in which disputing parties, usually businesses, present their side of the dispute to a jury of executives from the businesses.

Question 28

A special master is a person usually appointed by a court to resolve disputed pretrial matters in civil actions.

Question 29

If parties use any form of ADR they give up their right to trial.

Question 30

The arbitration ______ is the decision of the arbitrator in an arbitration hearing.

Question 31

A mini-trial is a form of ADR.

Question 32

A mediator should always be a neutral person.

Question 33

Saving time and _______ are two the main benefits of alternative dispute resolution.

Question 34

Courts have the right to stay arbitration proceedings.

Question 35

ADR is never used in criminal cases.

Question 36

Alternative dispute resolution can result in cost savings to resolve disputes over litigation.

Question 37

To stay a proceeding means to delay or stop the proceeding.

Question 38

Arbitration is always binding.

Question 39

Alternative dispute resolution that is court related or court ordered is always nonbinding unless the parties agree to the contrary.

Question 40

Methods of alternative dispute resolution may be binding or nonbinding.

Question 41

In what types of cases should court-ordered mediation be required?

Question 42

What types of contracts commonly have agreements to arbitrate?

Question 43

Compare and contrast private judges, special masters, and discovery referees.

Question 44

A private ________ is an individual hired by the parties to preside over a trial who is often a retired judge.

Question 45

Discuss the advantages and disadvantages of an arbitration proceeding that has just one neutral arbitrator compared to an arbitration panel of three arbitrators.

Question 46

The court cannot order that the parties be bound by alternative dispute resolution without their ______ because in many types of civil cases, parties have a right to a trial.

Question 47

What is the difference between arbitration with mediation?

Question 48

Early neutral ________ is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute.

Question 49

In criminal cases where any property damage is involved, alternative dispute resolution could also require the party causing the property damage to pay _____.

Question 50

All arbitrators and mediators must have ______ and not have any bias.